IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 4537 of 2026 BHAVSINGH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ashish Gupta - Advocate for the applicant.

Shri Hemant Sharma -GA appearing on behalf of Advocate General[r-

1].

ORDER

1] They are heard and perused the case diary.

2] This is the applicant's SECOND bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.133/2025 registered at Police Station Khattidwada District- Alirajpur (MP) for offence punishable under Sections 34(2), 46 of theM.P. Excise Act 1915. The applicant is in custody since 27/10/2025. His first bail application was dismissed as withdrawn by this Court vide order dated 17/12/2025 passed in MCRC.No.53511/2024, with liberty to renew prayer after the seizure witnesses are examined in the trial Court.

3] The allegation against the applicant is that he was involved in the aforesaid offence wherein 984 bulk liters of illicit liquor was being unloaded from a white coloured Mahindra Max bearing registration no. GJ09BB4283 and acting on the said information, the police team intercepted the said vehicle, and upon inquiry, the co-accused Kanna, revealed himself, and the present applicant, being the driver of the aforesaid vehicle.

4] Counsel for the applicant has submitted that the seizure witnesses have already been examined in the trial Court, and except for one witness, the other witness has not supported the case of the prosecution. It is further submitted that the applicant is lodged in jail 27/10/2025 and the conclusion of trial will take sufficiently long time. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer.

6] On due consideration of submissions and on perusal of the case-

diary, and that except one seizure witness, the other witnesses have not supported the case of the proseuction and the fact that the applicant is lodged in jail since 27/10/2025, and the conclusion of trial will take sufficient long time, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] However, it is directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law.

9] Accordingly, the application is allowed and disposed of.

(SUBODH ABHYANKAR)

JUDGE das